ORDER OF THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2015 No. 1037

About approval of Rules of representation, consideration and approval of regulations of work and (or) parameters on wages system of employees of the organizations, on services (goods, works) of which state regulation of rates (the prices, rates of charges) is entered

According to subitems 10) and 11) of Article 16 of the Labor code of the Republic of Kazakhstan of November 23, 2015 I ORDER:

1. Approve the enclosed Rules of representation, consideration and approval of regulations of work and (or) parameters on wages system of employees of the organizations, on services (goods, works) of which state regulation of rates (the prices, rates of charges) is entered.

2. To provide to department of work and social partnership of the Ministry of health and social development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of health and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the vice-Minister of health and social development of the Republic of Kazakhstan Nurymbetov B. B.

4. This order becomes effective since January 1, 2016 and is subject to official publication.

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of December 28, 2015 No. 1037

Rules of representation, consideration and approval of regulations of work in the organizations and (or) parameters on wages system of employees of the organizations, on services (goods, works) of which state regulation of rates (the prices, rates of charges) is entered

Chapter 1. General provisions

1. These rules of representation, consideration and approval of regulations of work in the organizations and (or) parameters on wages system of employees of the organizations, on services (goods, works) of which state regulation of rates (the prices, rates of charges) is entered (further - Rules) are developed according to subitems 10) and 11) of Article 16 of the Labor code of the Republic of Kazakhstan.

2. These rules establish single procedure for representation, consideration and approval of regulations of work (except for the normative number of subjects of natural monopolies) and (or) parameters on wages system of Subjects of the natural monopolies included in the State register of subjects of natural monopolies (further - the Register), the state bodies rendering the paid services included in the State register of the paid services rendered by state bodies (further - the State register), the subjects of the market holding the dominating or monopoly position in the controlled markets (further - the Organization) included in the State register of the subjects of the market holding the dominating or monopoly position in the controlled markets (further - the Register).

3. For the purposes of these rules concepts are applied:

authorized body on work – authorized state body on work or local executive body in the field of regulation of employment relationships;

work regulations (time, development, labor input, servicing, number) (further – work regulations) - measure of costs of work are also established for the worker of the corresponding qualification according to the reached level of the equipment, technology, production organization and work;

parameters on wages system of employees of the organizations, on services (goods, works) of which state regulation of rates (the prices, rates of charges) (further - parameters on wages system) - determination of payment terms of work of employees of the organizations, with observance of the state guarantees in the field of compensation, stipulated by the legislation the Republic of Kazakhstan is entered;

materials - the normative, settlement and other proving materials to regulations of work and (or) parameters on wages system;

the request - the official appeal (statement) of the Organization to authorized state body for work, authorized state body of the corresponding field of activity, local executive body in the field of regulation of employment relationships about consideration and approval of regulations of work in the organizations and (or) parameters on wages system;

authorized body - state bodies of the corresponding fields of activity and in case the Organization is in utility property, local executive bodies.

Other concepts and terms used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

Chapter 2. Procedure and terms of representation, consideration and approval of regulations of work in the organizations and (or) parameters on wages system

4. The request about approval of regulations of work is submitted to authorized state body on work and to authorized body the Organization included in the State register, in republican Sections of the Register and the Register, in local Sections of the Register, the Register.

The request about approval of parameters on wages system is submitted:

in authorized state body on work - the Organization included in the State register, in republican Sections of the Register and the Register;

in local executive body in the field of regulation of employment relationships - the Organization included in local Sections of the Register, the Register.

Required materials according to the lists stated in Chapter 3 of these rules are attached to the request.

5. The request submitted by the Organization is considered by authorized body on work within thirty calendar days from the moment of its receipt.

6. For confirmation, refining and check of the provided materials authorized body on work:

1) creates working group and conducts selective expert examination of quality of regulations of work with departure in the inspected Organization (accomplishment of checking calculations for setting standards, establishment of intensity of regulations and average percent of their accomplishment, carrying out selective phototime observations on separate work types, transactions and comparison of the regulations submitted for approval to the regulations established as a result of check) and prepares the conclusion on its basis. The conclusion by results of examination is issued in general on work regulations;

Involves 2) in carrying out selective expert inspection of specialists of other Organizations, authorized body dealing with issues of regulation and compensation and (or) the independent experts performing development of standard rates on work;

3) requests from the Organization of the data on wages system, number working and main volume indicators in the last two years.

7. Following the results of consideration of regulations of work and (or) parameters on wages system authorized body on work:

in the presence of notes and offers to projects sends to the Organization the motivated conclusion about need of their completion;

refuses adoption of the request to consideration in cases of non-presentation by the Organization of the materials provided by Chapter 3 of these rules;

in case of accomplishment of all requirements of these rules approves regulations of work and (or) parameters on wages system of the Organization and sends them in authorized body for approval and in the Organization on approval.

8. One copy, the work regulations approved by the Organization (on paper and electronic carriers) and (or) parameters on wages system (on paper) in the state and Russian languages goes to authorized body on work within 10 calendar days from the moment of their approval.

9. Regulations of work and (or) parameters on wages system, are considered and approved by authorized body on work and authorized body for no more than for three years.

Chapter 3. The list of the represented materials and their content

10. The following materials shall be applied to the request about approval of regulations of work submitted by the Organization to authorized body for work:

1) the list of the represented materials;

2) project of regulations of work;

3) reasons for the provided work regulations (results of time observations for technological, labor (production) processes, with their partition on transaction and separation of the studied transaction into the elements constituting it; corresponding calculations, matrixes of functions, job responsibilities, regulations on structural divisions and others);

4) submission of documentary evidences or other information on the developer, confirmatory: security with qualified personnel, specialists in the field of the organization of regulation of work: availability of the higher education (economic, engineering and economic, technical) at the head and workers performing development of normative materials on work regulation; availability of the documents confirming professional knowledge, education (the diploma, the certificate), scientific or practical activities, data on place of employment, know-how and length of service in this sphere of the head and workers;

5) the work regulations (in case of their availability) used by the Organization in case of project development of regulations of work;

6) the copy of the decision (order) of authorized body on temporary use (before development of regulations of work) the reasonable regulations which were earlier operating technically.

11. The following materials are applied to the request about approval of parameters on the wages system submitted by the Organization to authorized body for work:

1) the list of the represented materials;

2) the copy of the collective agreement (in case of its availability);

3) regulations on payment and work incentives of employees of the Organization which shall include form and wages system, including the differentiated surcharges and allowances to official pay rates (tariff charges) on categories of personnel, compensation payments, system of awarding and other remuneration. For the state companies - the regulations on stimulation of heads, their deputies, chief accountants of the organization approved by authorized body in addition are represented;

4) the copy of the decision on approval of the salary fund (expenses on compensation) of employees of the organization on current period;

5) the copy of the decision on approval of the staff list of workers, including on administrative personnel, for the state companies - about approval of the sizes of official pay rates of heads, their deputies, chief accountants according to the current legislation;

6) the approved staff list and the sizes of official pay rates (tariff charges) of workers (with their distribution according to categories).

12. The administrative personnel of the organization is determined according to the list of names of positions of the workers relating to administrative personnel, the Minister of health and social development of the Republic of Kazakhstan approved by the order of December 21, 2015 No. 981 (it is registered the Register of state registration of regulatory legal acts at No. 12600).

13. Materials are drawn up in duplicate, shall be stitched, stitched, numbered, contain table of contents (content), the title page with the corresponding signature stamps of approval, approval and prolongation. Each sheet of materials is signed by the head or the supervising deputy manager of the Organization.

The structure of regulations of work is single and contains 3 Sections: "General part", "Labor organization", "Normative part".

In the Section "General Part" it is provided:

1) purpose of regulations of work;

2) to what positions, professions, employee categories standard rates are established;

3) that is the basis for development (data on the actual number of workers, amounts of works, materials of studying of costs of working hours on the basis of phototime observations, the statistical data characterizing the factors influencing the costs of work of workers used in case of development of regulations of work and also other regulations with their appendix for reasons to these standard rates);

4) the reference to compliance of names of professions of workers and positions of the works serving to the Single wage rate book and professions of workers and to the Job evaluation catalog of positions of heads, specialists and other employees;

5) specifying on development of standard rates taking into account time on servicing of workplace and on rest and personal needs;

6) settlement formulas of attendance, payroll number with disaggregation of its elements.

In the Section "Labor organization" is reflected: according to what regulatory legal acts and the specifications and technical documentation works are performed; work organizational specifications (security measures; the used tools, the equipment, acceptances); how the works specified in the collection are carried out; the number of contractors (in case of labor division) which is carrying out all complex of works; execution of documentation on completion of works.

The work content (the general name and separation of transaction into its constituent elements) is provided in the Section "Normative Part"; cast, number of contractors.

Chapter 4. The main requirements to the work regulations submitted for approval

14. Regulations of work shall be progressive, in a complex reasonable, correspond to the required level of accuracy, most full cover different options of organizational specifications of performance of work, shall be convenient for calculation of cost rates of work of specific contractors for them.

15. In case of lack of the bases for replacement of regulations of work, the authorized body on work and authorized body prolongs for three years the term of their action by obligatory provision of the original of regulations of work by the organization, materials on their reasons and the explanatory note.

Prolongation of effective period of regulations of work is drawn up by putting down by authorized body on work and authorized body on the title page of the original of the corresponding marks with indication of date and number of letters of authorized body on work and authorized body about prolongation of effective period of regulations.

Chapter 5. Final provisions

16. For accomplishment by workers of regulations of work by the Organization the working conditions meeting the requirements established by the legislation of the Republic of Kazakhstan are provided.

17. Regulations of work are basis for calculation with the Organization of normative number of personnel, work cost rates.

18. The organizations resolve compensation issues according to the current legislation of the Republic of Kazakhstan.

 

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